I honestly don't know which 'reality' some of you live in, but as far as assaults go that IS a decent penalty. Try comparing it to a run of the mill pub fight broken jaw outcome and you may understand.

macca33 wrote:I honestly don't know which 'reality' some of you live in, but as far as assaults go that IS a decent penalty......................... Sent from a MacGalaxy far, far away...

Sorry.......!!Unless there is another court case for furthur traffic infringements then the least I see is...Aggravated assault, GBH, not keeping within the vehicle (a charge for both passenger and driver) dangerous driving,leaving the scene of an accident, failing to report an accident. There could well be more charges Granted it was two people committing the offenses but if that is the end of the issue then it is by a long way inadequate. Granted they were both fined $3000, and the driver suspended for 3 months (only in Victoria where the incident happened, not in his home state of SA, so was hardly a penalty) but that for creating an incident where a 51yr old women falls to the right (oncoming traffic) and breaks her collarbone, and then to slap the next cyclist.Their claim was they did not see the first cyclist fall.............yeh you attempt to slap a woman cyclist on the rear end and not use the rear vision mirror to view your handiwork

macca33 wrote:No, I don't necessarily agree with it, but it does reflect reality.

Sent from a MacGalaxy far, far away...

I see what you are saying, however reality in sentencing needs to reflect correctly.

Last edited by GregW on Wed May 08, 2013 4:25 pm, edited 1 time in total.

macca33 wrote:I honestly don't know which 'reality' some of you live in, but as far as assaults go that IS a decent penalty......................... Sent from a MacGalaxy far, far away...

Sorry.......!!Unless there is another court case for furthur traffic infringements then the least I see is...Aggravated assault, GBH, not keeping within the vehicle (a charge for both passenger and driver) dangerous driving,leaving the scene of an accident, failing to report an accident. There could well be more charges Granted it was two people committing the offenses but if that is the end of the issue then it is by a long way inadequate. Granted they were both fined $3000, and the driver suspended for 3 months (only in Victoria where the incident happened, not in his home state of SA, so was hardly a penalty) ...

I know that's what is written in the article, but I'm pretty sure that suspensions take effect across borders.

The Geelong Magistrates' Court heard that Timothy Wall, 32, had been dared to perform the stunt by Lee Clifford, 35, who was behind the wheel of a Mercedes-Benz 4WD.

The prank in Torquay caused a 51-year-old woman to fall from her bike after Wall narrowly missed slapping her on the backside while hanging out of the slow-moving vehicle.The rider landed on her right shoulder, dislocating her AC joint in an injury that has left her unable to get on her bike since.

"The pair yesterday pleaded guilty to three charges, including recklessly causing serious injury.They drove off after the prank on September 24 last year, admitting their involvement four days later after the 4WD's owner had been contacted by police.The men claimed they were not aware the cyclist had fallen and were oblivious of the serious impact.However, Leading Senior-Constable Geoff Lamb told the court he believed they saw the aftermath of the crash and panicked."They carried out a pre-meditated prank that was successful and yet they didn't look back? That's unfathomable, a nonsense,'' the prosecutor said."Of course they would have looked back.''

and on a final note :

Magistrate Stephen Myall also disqualified Clifford from driving in Victoria for three months. The period was due to start today to allow Clifford to travel back to SA last night.

x2

apparently Lee Clifford works as a slashing contractor ..... imagine the fun he would have had doing this on a tractor

Cheesewheel wrote:Magistrate Stephen Myall also disqualified Clifford from driving in Victoria for three months. The period was due to start today to allow Clifford to travel back to SA last night.

From the court transcript:

MAGISTRATE: "The court orders that you are disqualified from driving in Victoria for a period of three months. I mean, if that's alright with you. I could reduce that if you want. By all means please drive home first, yes, I mean, I wouldn't want to cause any inconvenience, good heavens no. Goodness gracious me, not at all, we've all got to drive now don't we. Even the cyclists now you've knocked them over, ha ha!

Now, is there anything else I can help you with? Perhaps a car wash, or can I fill the tank for you?"

Ok time for a little clarification. A court in Victoria has no power to disqualify you from driving in another state. Until recently this had the consequences referred to above - go home to SA & all was good. This was prone to abuse, particularly in border towns like Albury/Wodonga.

Unsurprisingly this was considered to be a bad thing & the states agreed to fix it.

What the Court in Vic did not refer to is s83 of the Motor Vehicles ACt 1959 (SA) which means the SA registrar of motor vehicles (ie the person who issues licenses in SA) must disqualify the driver for the same period.

While there should be processes for the SA Registrar to be told of the disqualification, it would not surprise me if some concerned citizens brought it to the registrars attention. An email to this address with a link to the newspaper article should work DPTI.enquiriesadministrator@sa.gov.au

find_bruce wrote:Ok time for a little clarification. A court in Victoria has no power to disqualify you from driving in another state. Until recently this had the consequences referred to above - go home to SA & all was good. This was prone to abuse, particularly in border towns like Albury/Wodonga.

Unsurprisingly this was considered to be a bad thing & the states agreed to fix it.

What the Court in Vic did not refer to is s83 of the Motor Vehicles ACt 1959 (SA) which means the SA registrar of motor vehicles (ie the person who issues licenses in SA) must disqualify the driver for the same period.

While there should be processes for the SA Registrar to be told of the disqualification, it would not surprise me if some concerned citizens brought it to the registrars attention. An email to this address with a link to the newspaper article should work DPTI.enquiriesadministrator@sa.gov.au

Hmm, the alternative would be a custodial sentence. You keep your "right" to drive but lose your right to free movement. Sounds reasonable to me. The Motorist keeps their licence and society keeps a dangerous motorist off the road

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